Public-domain · open source
OpenJurist

662 So. 2d 730

Blanks v. State

District Court of Appeal of Florida

Decided October 27, 1995

District Court of Appeal of Florida · decided 1995-10-27

Cited by 1 later decisions — most recently March 1996

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1995-10-27

View the full empirical analysis of this case →

PER CURIAM.

¶1Mitchell Blanks appeals the summary denial of his motion for postconviction relief. The trial court’s order offers no basis for the denial but merely attaches a copy of the *731state’s response to the motion. While the state’s response had specific citations to the appellate record to support its conclusion that the issues raised are without merit, those referenced record excerpts are not attached to the order.

¶2Accordingly, the order denying the motion must be reversed. On remand, if the court again concludes that summary denial is proper, it must attach to its order those portions of the case file and record which demonstrate that Blanks is entitled to no relief; otherwise, the court must conduct an evidentiary hearing to determine the merits of his claims.

¶3Reversed and remanded.

DANAHY, A.C.J., and ALTENBERND and LAZZARA, JJ., concur.
/662/so2d/730 · .json · Public domain